rajeshkumar (it) 10 September 2013

Can i consider hcp as child custody

my kid was living in chennai for 4 years at chennai in my sisters place, my wife and me were living separately in Bangaloe for last 2 years, as VOID marriage case going on in bangalore..i use to meet my kid every weekend in chennai , where my wife meets him once in 6 months.. when I filed a void and null marriage petition in Blore court, my wife abducted my child from chennai , I filed a HCP and child were sent to my ersidence in chennai along with my wife... after 1 month again my kid was abducted by my wife, I files 2nd HCP in chennai HIgh court and court order says, kid is affectionate with father and would liket to stay with father and go to school.. wife's parents can come and see thier daughter and grand son...

in this scenario , i am planning to get my child to bangalore and provide education ,

is it ok ? will my wife's complaint in police station be taken ?

Please advise

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2 Replies

Tajobsindia (Senior Partner ) 10 September 2013

1. Yes you can shift minor from MAA to BLR. However shift female(s) from your home too to BLR.

2. No. her complaint will not be taken on its face value for a simple reason the child custody as per previous two HCP’s were restituted back to natural father. If she has any agitation towards parties’ minor child regarding visitation – custody she should be asked to file proper petition under GWA The Act.

3. HCP decided on minors illegal detention question if any as alleged by party and cannot touch permanent custody question as very limited adjudication power HCP has.

rajeshkumar (it) 10 September 2013

thanks for the info..

last 9 months my wife was living in my mother's house in chennai along with my kid , as the court didnt permit her to take away the child to her village.

my mom is very sick now and she is in last stage... unfortunately if sumthing happens to her , i am planning to shift my child to BLR as mentioned earlier..

i am worried that what if she files section 498a or DV against me ? will the police accept her complaint ?

can she lodge a complaint in her native place also, besides chennai?

i am a software engineer and she was working as a nurse hailed from a village (from low income group)